Title 30 TAC 116.120 - 126, September 1, 1995Synopsis of specific rules from air permitting that were in effect on this date.http://www.tceq.com/permitting/air/permitbyrule/historical_rules/old116/995/120.htmlhttp://www.tceq.com/@@site-logo/tceqlogo-3colors.gif

Title 30 TAC 116.120 - 126, September 1, 1995

Synopsis of specific rules from air permitting that were in effect on this date.

Except as provided in § 116.121 of this title (relating to
exemptions) as part of its construction permit review, or the
review of an amendment, or renewal of an existing permit, the TNRCC
shall compile the following information:

(1) for a new facility at an existing site or for an amendment
or renewal of an existing permit, the compliance history for the
existing site;

(2) for a new facility at a new site, compliance history on
similar facilities, if any, owned or operated by the applicant in
Texas. The TNRCC may require the applicant to indicate which
facilities the applicant considers to be similar.

(b) For a facility at a new site, if the applicant does not own
or operate a similar facility in Texas, the applicant shall provide
the TNRCC with a compliance history for similar facilities owned or
operated by the applicant in other states.

116.121
exemptions

The TNRCC shall not be required to compile a compliance history
where the total increased actual emissions of any specific air
contaminant (specific substance, e.g., benzene, arsenic, etc.) from
the facility or site will be accompanied by greater than a 1.1 to 1
reduction of the same specific air contaminant (specific substance,
e.g., benzene, arsenic, etc.) from the facility or site.

116.122 Contents of
Compliance History

(a) The compliance history shall include a listing of all
adjudicated decisions and compliance proceedings, as defined in
§ 116.11 of this title (relating to Compliance History
Definitions), involving the facility that is the subject of the
permit application.

(b) If the applicant has no compliance history in the United
States, then the applicant shall provide the TNRCC with a
compliance history for any similar facilities owned or operated
by:

(1) a person who is presently an officer, director, or agent of
the applicant;

(2) a parent corporation, subsidiary, or predecessor in interest
of the applicant;

(3) one who owns 20% or more of the applicant, whether directly,
as a shareholder, partner, beneficiary, or otherwise; or

(4) one who controls the applicant or has the ability to direct
the conduct of the applicant.

(c) The compliance history shall include the following
compliance events and associated information:

(1) for Texas facilities:

(A) criminal convictions known to the TNRCC and civil orders,
judgments, and decrees identified by stating:

(i) the style of the case;

(ii) the tribunal issuing the conviction or judgment;

(iii) the docket number and the date of action; and

(iv) the general nature of the alleged violation;

(B) administrative enforcement orders identified by stating:

(i) the name or style of action;

(ii) the agency issuing the order;

(iii) the docket number and the date of the order; and

(iv) the general nature of the alleged violation;

(C) compliance proceedings identified by stating:

(i) the name or style of action;

(ii) the general nature of the alleged violation;

(2) for United States facilities outside Texas:

(A) criminal convictions and civil judgments identified by
stating:

(i) the style of the case;

(ii) the tribunal issuing the conviction or judgment;

(iii) the docket number and date of action; and

(iv) the general nature of the alleged violation;

(B) administrative enforcement orders identified by stating:

(i) the name or style of action;

(ii) the agency issuing the order;

(iii) the docket number and the date of the order; and

(iv) the general nature of the alleged violation;

(C) for notices of violation issued by the U.S. EPA:

(i) the name of the action;

(ii) the EPA identification number and date of notice; and

(iii) the general nature of the alleged violation.

(d) In compiling the applicant's compliance history pursuant to
subsection (c) of this section, the TNRCC shall not include
violations of fugitive emission monitoring and recordkeeping
requirements imposed either by § 101.20(1) and (2) of this
title (relating to Compliance with Environmental Protection Agency
Standards), or state implementation plan requirements applicable to
major sources in nonattainment areas where:

(1) violations occurred after the effective date of this rule
have been the subject of a TNRCC administrative enforcement action,
and the commission classified those violations as not being subject
to compliance history review; or

(2) violations occurring during five years preceding the
effective date of this rule that have been the subject of TNRCC
administrative enforcement action in which:

(A) the TNRCC did not classify those violations as either major
seriousness or major impact for the purpose of administrative
review; and

(B) the commission assessed a total administrative penalty of
less than $20,000 for any of those violations.

(e) The TNRCC may request an analysis of the significance of any
of the compliance events identified in the compliance history and
their relevance to the facility that is the subject of the
application. The TNRCC request shall list specific compliance
events requiring such an analysis.

116.123 Effective
Dates

(a) The requirements under this undesignated head (concerning
Compliance History) apply only to applications filed on or after
December 9, 1992. For applications filed before June 1, 1993,
neither the TNRCC nor the applicant is required to include
compliance events occurring before June 1, 1988. For applications
filed on or after June 1, 1993, neither the TNRCC nor the applicant
is required to include compliance events occurring more than five
years prior to the date on which the application is filed.

116.124 Public Notice of
Compliance History

When public notice is required pursuant to § 116.131 of
this title (relating to Public Notification Requirements), the
applicant shall include the following statement in the notice: "The
facility's compliance file, if any exists, is available for public
review in the regional office of the Texas Natural Resource
Conservation Commission."

116.125 Preservation of
Existing Rights and Procedures

Nothing in this subchapter (relating to New Source Review
Permits) shall diminish the rights of any party in a contested case
hearing to raise any issue authorized by Texas Health and Safety
Code, § 382.0518(c), nor diminish the rights of any person to
request and obtain compliance history information from the TNRCC.
Nothing in this subchapter shall limit the authority of the
commission to request and consider any other information that is
relevant to the application under the law. Nothing in this
subchapter shall create any right in third parties which did not
exist before the effective date of this subchapter.

116.126 Voidance of Permit
Applications

If an applicant does not submit compliance history information
within 180 days, upon written request, the TNRCC will void the
permit application. The applicant will also forfeit the fees
associated with the permit application. A new permit application
shall be required for further consideration by the TNRCC.